Bill Text: CT HB06649 | 2011 | General Assembly | Comm Sub

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Bill Title: An Act Concerning A Model Litigant Policy For Attorneys Who Represent The State Government In Civil Actions.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2011-05-03 - File Number 714 [HB06649 Detail]

Download: Connecticut-2011-HB06649-Comm_Sub.html

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General Assembly		Raised Bill No. 6649
January Session, 2011		LCO No. 5165
		*_____HB06649JUD___041511____*
Referred to Committee on Judiciary
Introduced by:
(JUD)

AN ACT CONCERNING A MODEL LITIGANT POLICY FOR ATTORNEYS WHO REPRESENT THE STATE GOVERNMENT IN CIVIL ACTIONS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2011) (a) There is established a model litigant policy for attorneys who represent the state and its agencies in civil actions. The model litigant policy set forth in this section and section 2 of this act is a statement of principles and is intended to reflect existing law. The model litigant policy is not intended to impose additional legal or professional obligations on the state and its agencies, attorneys admitted to practice in this state or other individuals.

(b) The model litigant policy applies to civil actions involving the state or its agencies, including arbitration and other alternative dispute resolution processes.

(c) Each agency or department head shall ensure that the agency complies with the model litigant policy and shall ensure that attorneys who represent the agency are aware of the requirements of the model litigant policy.

(d) Issues relating to an agency's compliance with the model litigant policy shall be referred to the agency or department head.

(e) The model litigant policy supplements but does not replace the Rules of Professional Conduct applicable to such civil actions.

Sec. 2. (NEW) (Effective October 1, 2011) (a) The state and its agencies shall act as a model litigant in the conduct of civil actions.

(b) The requirement to act as a model litigant pursuant to subsection (a) of this section includes the requirement that the state and its agencies act with propriety, fairly and in accordance with the highest professional standards, which shall consist of more than merely acting honestly and in accordance with the law and rules of court.

(c) The requirement to act honestly and fairly pursuant to subsection (b) of this section includes:

(1) Handling claims promptly and not causing unnecessary delay in the handling of claims and civil actions;

(2) Paying legitimate claims without requiring a claimant to pursue a civil action, including making partial settlements of claims or interim payments, where it is clear that liability is at least as much as the amount to be paid;

(3) Acting consistently in the handling of civil actions;

(4) Endeavoring to avoid litigation, wherever possible;

(5) When it is not possible to avoid litigation, minimizing the costs of litigation by:

(A) Not requiring the other party to prove a matter which the state or an agency knows to be true; and

(B) Not contesting liability if the state or an agency knows that only the amount of recovery is in dispute;

(6) Not taking advantage of a claimant who lacks the resources to litigate a civil action;

(7) Not relying on procedural defenses unless the interests of the state or an agency would be prejudiced by the failure to comply with a particular requirement;

(8) Not undertaking and pursuing appeals unless the state or an agency believes that it has reasonable prospects for success or the appeal is otherwise justified in the public interest. The commencement of an appeal may be justified in the public interest where it is necessary to avoid prejudice to the interest of the state or an agency pending the receipt or proper consideration of legal advice, provided a decision whether to continue the appeal is made as soon as practicable; and

(9) Apologizing when the state or agency is aware that it or its attorneys have acted wrongfully or improperly.

(d) The requirement to act as a model litigant pursuant to this section does not require that the state or agency be prevented from acting properly to protect its interests. Such requirement does not prohibit all legitimate steps being taken in pursuing a civil action, or from defending claims made. Specifically, such requirement does not prevent the state or agency from:

(1) Enforcing money judgments or seeking to recover money judgments;

(2) Relying on claims of attorney-client privilege or other forms of privilege and sovereign immunity;

(3) Pleading statute of limitation defenses;

(4) Seeking recovery for costs;

(5) Opposing unreasonable or oppressive claims or processes;

(6) Requiring opposing parties to comply with procedural obligations; or

(7) Filing motions to dismiss claims that are untenable or frivolous.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2011	New section
Sec. 2	October 1, 2011	New section

JUD

Joint Favorable